COUNTRY OF ORIGIN MARKING OF IMPORTED FLATWARE SETS

N240969 May 6, 2013 MAR-2 OT:RR:NC:1:118 CATEGORY: MARKING Mr. Peter W. Klestadt and Ms. Tracey Topper Gonzalez Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt, LLP 399 Park Avenue, 25th Floor New York, NY 10022-4877 RE: COUNTRY OF ORIGIN MARKING OF IMPORTED FLATWARE SETS Dear Mr. Klestadt and Ms. Gonzalez: This is in response to your letter dated April 16, 2013, on behalf of your client, Lifetime Brands, Inc. (Lifetime), concerning the country of origin marking requirements for imported stainless steel flatware sets. You propose marking the containers in which the flatware sets are imported with the country of origin, in lieu of marking the individual flatware pieces. Four marked samples were submitted with your letter for review. The subject articles are stainless steel flatware sets for four or eight persons. They include an array of assorted styles and sizes of knives, forks, spoons, etc. Each set is contained in a cardboard box and has one five-piece place setting visible through the open front of the box. The remaining pieces in the set are stored within the box. The sets identified as “International®” and “Pfaltzgraff Studio®” are packaged in boxes that are sealed with glue on the sides and multiple stiff cardboard tabs on the top and bottom. The set identified as “Mikasa®” is packaged in a box that is taped shut at the top and bottom. Printed on one or both sides of each box (depending on the design) is the style name, a description of the flatware (e.g. 4 salad forks, 4 dinner forks, etc.) and a description of the properties (e.g. stainless steel, dishwasher safe, etc.). The bottom of each box contains the UPC code, warranty information, and Lifetime’s name and U.S. address below or to the right of the UPC code. On each box, the words, “Made in China/Fabrique en Chine/Hecho en China” appear directly below Lifetime’s name and address in the same typeface and font size. You have stated that the flatware sets will not be repacked after importation and will be imported in the boxes featuring the country of origin marking as they are sold to the ultimate purchaser in the U.S. The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.41(b), Customs Regulations (19 CFR 134.41(b)), mandates that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain. Section 134.1(d), defines the ultimate purchaser as generally the last person in the U.S. who will receive the article in the form in which it was imported. If an imported article is to be sold at retail in its imported form, the purchaser at retail is the ultimate purchaser. In this case, the ultimate purchaser of the flatware sets is the consumer who purchases the product at retail. An article is excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and section 134.32(d), Customs Regulations (19 CFR 134.32(d)), if the marking of a container of such article will reasonably indicate the origin of such article. Accordingly, if Customs is satisfied that the article will remain in its container until it reaches the ultimate purchaser and if the ultimate purchaser can tell the country of origin of the article by viewing the container in which it is packaged, the individual articles would be excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and 19 CFR 134.32(d). Section 134.46, Customs Regulations (19 CFR 134.46), deals with cases in which the words “United States,” or “American,” the letters “U.S.A.,” any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appears on an imported article or its container, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin. In such a case, there shall appear, legibly and permanently, in close proximity to such words, letters, or name, and in at least a comparable size, the name of the country of origin preceded by “Made in,” “Product of,” or other words of similar meaning. In order to satisfy the close proximity requirement, the country of origin marking must generally appear on the same side(s) or surface(s) in which the name or locality other than the actual country of origin appears. Accordingly, the proposed marking of the imported flatware sets, as described above, satisfies the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking for the imported flatware sets. Furthermore, marking the boxes in which the flatware is imported and sold to the ultimate purchaser in lieu of marking each flatware piece itself is an acceptable country of origin marking for the imported flatware sets provided the port director is satisfied that the article will remain in the marked container until it reaches the ultimate purchaser. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 177). A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Anthony Grossi at (646) 733-3021. Sincerely, Thomas J. Russo Director National Commodity Specialist Division